I 

115TH CONGRESS 

1ST SESSION H. R. 4240 

To protect Second Amendment rights, ensure that all individuals who should 

be prohibited from buying a firearm are listed in the National Instant 

Criminal Background Check System, and provide a responsible and consistent background check process. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 3, 2017 

Mr. THOMPSON of California (for himself and Mr. KING of New York) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To protect Second Amendment rights, ensure that all individuals who should be prohibited from buying a firearm 

are listed in the National Instant Criminal Background 

Check System, and provide a responsible and consistent 

background check process. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Public Safety and Second Amendment Rights Protection 

6 Act of 2017’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Rule of construction. 

Sec. 4. Severability. 

TITLE I—ENSURING THAT ALL INDIVIDUALS WHO SHOULD BE 

PROHIBITED FROM BUYING A GUN ARE LISTED IN THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM 

Sec. 101. Reauthorization of the National Criminal History Records Improvement Program. 

Sec. 102. Improvement of metrics and incentives. 

Sec. 103. Grants to States for improvement of coordination and automation of 

NICS record reporting. 

Sec. 104. Relief from disabilities program. 

Sec. 105. Clarification that Federal court information is to be made available 

to the National Instant Criminal Background Check System. 

Sec. 106. Codification of HIPAA authority for covered entities to submit mental health records to the National Instant Criminal Background Check System. 

Sec. 107. Publication of NICS index statistics. 

Sec. 108. Effective date. 

TITLE II—PROVIDING A RESPONSIBLE AND CONSISTENT 

BACKGROUND CHECK PROCESS 

Sec. 201. Purpose. 

Sec. 202. Firearms transfers. 

Sec. 203. Penalties. 

Sec. 204. Rule of construction. 

Sec. 205. Effective date. 

3 SEC. 2. FINDINGS. 

4 Congress finds the following: 

5 (1) Congress supports, respects, and defends 

6 the fundamental, individual right to keep and bear 

7 arms guaranteed by the Second Amendment to the 

8 Constitution of the United States. 

9 (2) Congress supports and reaffirms the exist10 ing prohibition on a national firearms registry. 


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1 (3) Congress believes the Department of Justice 

2 should prosecute violations of background check re3 quirements to the maximum extent of the law. 

4 (4) There are deficits in the background check 

5 system in existence prior to the date of enactment 

6 of this Act and the Department of Justice should 

7 make it a top priority to work with States to swiftly 

8 input missing records, including mental health 

9 records. 

10 (5) Congress and the citizens of the United 

11 States agree that in order to promote safe and re12 sponsible gun ownership, dangerous criminals and 

13 the seriously mentally ill should be prohibited from 

14 possessing firearms; therefore, it should be incum15 bent upon all citizens to ensure weapons are not 

16 being transferred to such people. 

17 SEC. 3. RULE OF CONSTRUCTION. 

18 Nothing in this Act, or any amendment made by this 

19 Act, shall be construed to— 

20 (1) expand in any way the enforcement author21 ity or jurisdiction of the Bureau of Alcohol, Tobacco, 

22 Firearms and Explosives; or 

23 (2) allow the establishment, directly or indi24 rectly, of a Federal firearms registry. 


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1 SEC. 4. SEVERABILITY. 

2 If any provision of this Act or an amendment made 

3 by this Act, or the application of a provision or amend4 ment to any person or circumstance, is held to be invalid 

5 for any reason in any court of competent jurisdiction, the 

6 remainder of this Act and amendments made by this Act, 

7 and the application of the provisions and amendment to 

8 any other person or circumstance, shall not be affected. 

9 TITLE I—ENSURING THAT ALL 

10 INDIVIDUALS WHO SHOULD 

11 BE PROHIBITED FROM BUY12 ING A GUN ARE LISTED IN 

13 THE NATIONAL INSTANT 

14 CRIMINAL BACKGROUND 

15 CHECK SYSTEM 

16 SEC. 101. REAUTHORIZATION OF THE NATIONAL CRIMINAL 

17 HISTORY RECORDS IMPROVEMENT PRO18 GRAM. 

19 Section 106(b) of Public Law 103–159 (34 U.S.C. 

20 40302(b)) is amended— 

21 (1) in paragraph (1), in the matter preceding 

22 subparagraph (A), by striking ‘‘of this Act’’ and in23 serting ‘‘of the Public Safety and Second Amend24 ment Rights Protection Act of 2017’’; and 

25 (2) by striking paragraph (2) and inserting the 

26 following: 


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1 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated for grants 

3 under this subsection $100,000,000 for each of fis4 cal years 2018 through 2021.’’. 

5 SEC. 102. IMPROVEMENT OF METRICS AND INCENTIVES. 

6 Section 102(b) of the NICS Improvement Amend7 ments Act of 2007 (34 U.S.C. 40916) is amended to read 

8 as follows: 

9 ‘‘(b) IMPLEMENTATION PLAN.— 

10 ‘‘(1) IN GENERAL.—Not later than 1 year after 

11 the date of enactment of the Public Safety and Sec12 ond Amendment Rights Protection Act of 2017, the 

13 Attorney General, in coordination with the States, 

14 shall establish, for each State or Indian tribal gov15 ernment applying for a grant under section 103, a 

16 4-year implementation plan to ensure maximum co17 ordination and automation of the reporting of 

18 records or making of records available to the Na19 tional Instant Criminal Background Check System. 

20 ‘‘(2) BENCHMARK REQUIREMENTS.—Each 4- 

21 year plan established under paragraph (1) shall in22 clude annual benchmarks, including both qualitative 

23 goals and quantitative measures, to enable the At24 torney General to assess implementation of the 4- 

25 year plan. 


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1 ‘‘(3) PENALTIES FOR NON-COMPLIANCE.— 

2 ‘‘(A) IN GENERAL.—During the 4-year pe3 riod covered by a 4-year plan established under 

4 paragraph (1), the Attorney General shall with5 hold— 

6 ‘‘(i) 10 percent of the amount that 

7 would otherwise be allocated to a State 

8 under section 505 of the Omnibus Crime 

9 Control and Safe Streets Act of 1968 (42 

10 U.S.C. 3755) if the State does not meet 

11 the benchmark established under para12 graph (2) for the first year in the 4-year 

13 period; 

14 ‘‘(ii) 11 percent of the amount that 

15 would otherwise be allocated to a State 

16 under section 505 of the Omnibus Crime 

17 Control and Safe Streets Act of 1968 (42 

18 U.S.C. 3755) if the State does not meet 

19 the benchmark established under para20 graph (2) for the second year in the 4-year 

21 period; 

22 ‘‘(iii) 13 percent of the amount that 

23 would otherwise be allocated to a State 

24 under section 505 of the Omnibus Crime 

25 Control and Safe Streets Act of 1968 (42 


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1 U.S.C. 3755) if the State does not meet 

2 the benchmark established under para3 graph (2) for the third year in the 4-year 

4 period; and 

5 ‘‘(iv) 15 percent of the amount that 

6 would otherwise be allocated to a State 

7 under section 505 of the Omnibus Crime 

8 Control and Safe Streets Act of 1968 (42 

9 U.S.C. 3755) if the State does not meet 

10 the benchmark established under para11 graph (2) for the fourth year in the 4-year 

12 period. 

13 ‘‘(B) FAILURE TO ESTABLISH A PLAN.—A 

14 State that fails to establish a plan under para15 graph (1) shall be treated as having not met 

16 any benchmark established under paragraph 

17 (2).’’. 

18 SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF CO19 ORDINATION AND AUTOMATION OF NICS 

20 RECORD REPORTING. 

21 (a) IN GENERAL.—The NICS Improvement Amend22 ments Act of 2007 (34 U.S.C. 40902 et seq.) is amend23 ed— 

24 (1) by striking section 103 and inserting the 

25 following: 


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1 ‘‘SEC. 103. GRANTS TO STATES FOR IMPROVEMENT OF CO2 ORDINATION AND AUTOMATION OF NICS 

3 RECORD REPORTING. 

4 ‘‘(a) AUTHORIZATION.—From amounts made avail5 able to carry out this section, the Attorney General shall 

6 make grants to States, Indian Tribal governments, and 

7 State court systems, in a manner consistent with the Na8 tional Criminal History Improvement Program and con9 sistent with State plans for integration, automation, and 

10 accessibility of criminal history records, for use by the 

11 State, or units of local government of the State, Indian 

12 Tribal government, or State court system to improve the 

13 automation and transmittal of mental health records and 

14 criminal history dispositions, records relevant to deter15 mining whether a person has been convicted of a mis16 demeanor crime of domestic violence, court orders, and 

17 mental health adjudications or commitments to Federal 

18 and State record repositories in accordance with section 

19 102 and the National Criminal History Improvement Pro20 gram. 

21 ‘‘(b) USE OF GRANT AMOUNTS.—Grants awarded to 

22 States, Indian Tribal governments, or State court systems 

23 under this section may only be used to— 

24 ‘‘(1) carry out, as necessary, assessments of the 

25 capabilities of the courts of the State or Indian Trib26 al government for the automation and transmission 


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1 of arrest and conviction records, court orders, and 

2 mental health adjudications or commitments to Fed3 eral and State record repositories; 

4 ‘‘(2) implement policies, systems, and proce5 dures for the automation and transmission of arrest 

6 and conviction records, court orders, and mental 

7 health adjudications or commitments to Federal and 

8 State record repositories; 

9 ‘‘(3) create electronic systems that provide ac10 curate and up-to-date information which is directly 

11 related to checks under the National Instant Crimi12 nal Background Check System, including court dis13 position and corrections records; 

14 ‘‘(4) assist States or Indian Tribal governments 

15 in establishing or enhancing their own capacities to 

16 perform background checks using the National In17 stant Criminal Background Check System; and 

18 ‘‘(5) develop and maintain the relief from dis19 abilities program in accordance with section 105. 

20 ‘‘(c) ELIGIBILITY.— 

21 ‘‘(1) IN GENERAL.—To be eligible for a grant 

22 under this section, a State, Indian Tribal govern23 ment, or State court system shall certify, to the sat24 isfaction of the Attorney General, that the State, In25 dian Tribal government, or State court system— 


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1 ‘‘(A) is not prohibited by State law or 

2 court order from submitting mental health 

3 records to the National Instant Criminal Back4 ground Check System; and 

5 ‘‘(B) subject to paragraph (2), has imple6 mented a relief from disabilities program in ac7 cordance with section 105. 

8 ‘‘(2) RELIEF FROM DISABILITIES PROGRAM.— 

9 For purposes of obtaining a grant under this sec10 tion, a State, Indian Tribal government, or State 

11 court system shall not be required to meet the eligi12 bility requirement described in paragraph (1)(B) 

13 until the date that is 2 years after the date of enact14 ment of the Public Safety and Second Amendment 

15 Rights Protection Act of 2017. 

16 ‘‘(d) FEDERAL SHARE.— 

17 ‘‘(1) STUDIES, ASSESSMENTS, NON-MATERIAL

18 ACTIVITIES.—The Federal share of a study, assess19 ment, creation of a task force, or other non-material 

20 activity, as determined by the Attorney General, car21 ried out with a grant under this section shall be not 

22 more than 25 percent. 

23 ‘‘(2) INFRASTRUCTURE OR SYSTEM DEVELOP24 MENT.—The Federal share of an activity involving 

25 infrastructure or system development, including 


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1 labor-related costs, for the purpose of improving 

2 State or Indian Tribal government record reporting 

3 to the National Instant Criminal Background Check 

4 System carried out with a grant under this section 

5 may amount to 100 percent of the cost of the activ6 ity. 

7 ‘‘(e) GRANTS TO INDIAN TRIBES.—Up to 5 percent 

8 of the grant funding available under this section may be 

9 reserved for Indian tribal governments for use by Indian 

10 tribal judicial systems. 

11 ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to carry out this section 

13 $100,000,000 for each of fiscal years 2016 through 

14 2019.’’; 

15 (2) by striking title III; and 

16 (3) in section 401(b), by inserting after ‘‘of this 

17 Act’’ the following: ‘‘and 18 months after the date 

18 of enactment of the Public Safety and Second 

19 Amendment Rights Protection Act of 2017’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

21 The table of sections in section 1(b) of the NICS Improve22 ment Amendments Act of 2007 (34 U.S.C. 10101 note) 

23 is amended by striking the item relating to section 103 

24 and inserting the following: 

‘‘Sec. 103. Grants to States for improvement of coordination and automation 

of NICS record reporting.’’. 


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1 SEC. 104. RELIEF FROM DISABILITIES PROGRAM. 

2 Section 105 of the NICS Improvement Amendments 

3 Act of 2007 (34 U.S.C. 40915) is amended by adding at 

4 the end the following: 

5 ‘‘(c) PENALTIES FOR NON-COMPLIANCE.— 

6 ‘‘(1) 10 PERCENT REDUCTION.—During the 1- 

7 year period beginning 2 years after the date of en8 actment of the Public Safety and Second Amend9 ment Rights Protection Act of 2017, the Attorney 

10 General shall withhold 10 percent of the amount 

11 that would otherwise be allocated to a State under 

12 section 505 of the Omnibus Crime Control and Safe 

13 Streets Act of 1968 if the State has not imple14 mented a relief from disabilities program in accord15 ance with this section. 

16 ‘‘(2) 11 PERCENT REDUCTION.—During the 1- 

17 year period after the expiration of the period de18 scribed in paragraph (1), the Attorney General shall 

19 withhold 11 percent of the amount that would other20 wise be allocated to a State under section 505 of the 

21 Omnibus Crime Control and Safe Streets Act of 

22 1968 if the State has not implemented a relief from 

23 disabilities program in accordance with this section. 

24 ‘‘(3) 13 PERCENT REDUCTION.—During the 1- 

25 year period after the expiration of the period de26 scribed in paragraph (2), the Attorney General shall 


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1 withhold 13 percent of the amount that would other2 wise be allocated to a State under section 505 of the 

3 Omnibus Crime Control and Safe Streets Act of 

4 1968 if the State has not implemented a relief from 

5 disabilities program in accordance with this section. 

6 ‘‘(4) 15 PERCENT REDUCTION.—After the expi7 ration of the 1-year period described in paragraph 

8 (3), the Attorney General shall withhold 15 percent 

9 of the amount that would otherwise be allocated to 

10 a State under section 505 of the Omnibus Crime 

11 Control and Safe Streets Act of 1968 if the State 

12 has not implemented a relief from disabilities pro13 gram in accordance with this section. 

14 ‘‘(5) REALLOCATION.—Amounts not allocated 

15 under section 505 of the Omnibus Crime Control 

16 and Safe Streets Act of 1968 to a State for failure 

17 to implement a relief from disabilities program shall 

18 be reallocated to States that are in compliance.’’. 

19 SEC. 105. CLARIFICATION THAT FEDERAL COURT INFOR20 MATION IS TO BE MADE AVAILABLE TO THE 

21 NATIONAL INSTANT CRIMINAL BACKGROUND 

22 CHECK SYSTEM. 

23 Section 103(e)(1) of Public Law 103–159 (34 U.S.C. 

24 40901(e)(1)) is amended by adding at the end the fol25 lowing: 


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1 ‘‘(F) APPLICATION TO FEDERAL

2 COURTS.—In this subsection— 

3 ‘‘(i) the terms ‘department or agency 

4 of the United States’ and ‘Federal depart5 ment or agency’ include a Federal court; 

6 and 

7 ‘‘(ii) for purposes of any request, sub8 mission, or notification, the Director of the 

9 Administrative Office of the United States 

10 Courts shall perform the functions of the 

11 head of the department or agency.’’. 

12 SEC. 106. CODIFICATION OF HIPAA AUTHORITY FOR COV13 ERED ENTITIES TO SUBMIT MENTAL HEALTH 

14 RECORDS TO THE NATIONAL INSTANT CRIMI15 NAL BACKGROUND CHECK SYSTEM. 

16 A covered entity (as defined in section 160.103 of 

17 title 45, Code of Federal Regulations, or any successor 

18 regulation) may use or disclose protected health informa19 tion (as defined in such section) for purposes of reporting 

20 to the National Instant Criminal Background Check Sys21 tem the identity of an individual who is prohibited from 

22 possessing a firearm under section 922(g)(4) of title 18, 

23 United States Code, provided the covered entity— 

24 (1) is a State agency or other entity that is, or 

25 contains an entity that is— 


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1 (A) an entity designated by the State to 

2 report, or which collects information for pur3 poses of reporting, on behalf of the State, to 

4 the National Instant Criminal Background 

5 Check System; or 

6 (B) a court, board, commission, or other 

7 lawful authority that makes the commitment or 

8 adjudication that causes an individual to be9 come subject to such section 922(g)(4); 

10 (2) discloses the information only to— 

11 (A) the National Instant Criminal Back12 ground Check System; or 

13 (B) an entity designated by the State to 

14 report, or which collects information for pur15 poses of reporting, on behalf of the State, to 

16 the National Instant Criminal Background 

17 Check System; and 

18 (3)(A) discloses only the limited demographic 

19 and certain other information needed for purposes of 

20 reporting to the National Instant Criminal Back21 ground Check System; and 

22 (B) does not disclose diagnostic or clinical in23 formation for such purposes. 


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1 SEC. 107. PUBLICATION OF NICS INDEX STATISTICS. 

2 Not later than 180 days after the date of enactment 

3 of this Act, and biannually thereafter, the Attorney Gen4 eral shall make the National Instant Criminal Background 

5 Check System index statistics available on a publically ac6 cessible Internet website. 

7 SEC. 108. EFFECTIVE DATE. 

8 The amendments made by this title shall take effect 

9 180 days after the date of enactment of this Act. 

10 TITLE II—PROVIDING A RESPON11 SIBLE AND CONSISTENT 

12 BACKGROUND CHECK PROC13 ESS 

14 SEC. 201. PURPOSE. 

15 The purpose of this title is to enhance the current 

16 background check process in the United States to ensure 

17 criminals and the mentally ill are not able to purchase fire18 arms. 

19 SEC. 202. FIREARMS TRANSFERS. 

20 (a) IN GENERAL.—Section 922 of title 18, United 

21 States Code, is amended— 

22 (1) by repealing subsection (s); 

23 (2) by redesignating subsection (t) as sub24 section (s); 

25 (3) in subsection (s), as redesignated— 


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1 (A) in paragraph (3)(C)(ii), by striking 

2 ‘‘(as defined in subsection (s)(8))’’; and 

3 (B) by adding at the end the following: 

4 ‘‘(7) In this subsection— 

5 ‘‘(A) the term ‘chief law enforcement offi6 cer’ means the chief of police, the sheriff, or an 

7 equivalent officer or the designee of any such 

8 individual; and 

9 ‘‘(B) the term ‘gun show or event’ has the 

10 meaning given the term in subsection (t)(4).’’; 

11 and 

12 (4) by inserting after subsection (s), as redesig13 nated, the following: 

14 ‘‘(t)(1) Beginning on the date that is 180 days after 

15 the date of enactment of this subsection and except as pro16 vided in paragraph (2), it shall be unlawful for any person 

17 other than a licensed dealer, licensed manufacturer, or li18 censed importer to complete the transfer of a firearm to 

19 any other person who is not licensed under this chapter, 

20 if such transfer occurs— 

21 ‘‘(A) at a gun show or event, on the curtilage 

22 thereof; or 

23 ‘‘(B) pursuant to an advertisement, posting, 

24 display or other listing on the Internet or in a publiVerDate Sep 11 2014 00:39 Nov 05, 2017 Jkt 079200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H4240.IH H4240

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1 cation by the transferor of his intent to transfer, or 

2 the transferee of his intent to acquire, the firearm. 

3 ‘‘(2) Paragraph (1) shall not apply if— 

4 ‘‘(A) the transfer is made after a licensed im5 porter, licensed manufacturer, or licensed dealer has 

6 first taken possession of the firearm for the purpose 

7 of complying with subsection (s), and upon taking 

8 possession of the firearm, the licensee complies with 

9 all requirements of this chapter as if the licensee 

10 were transferring the firearm from the licensee’s 

11 business inventory to the unlicensed transferee, ex12 cept that when processing a transfer under this 

13 chapter the licensee may accept in lieu of conducting 

14 a background check a valid permit issued within the 

15 previous 5 years by a State, or a political subdivision 

16 of a State, that allows the transferee to possess, ac17 quire, or carry a firearm, if the law of the State, or 

18 political subdivision of a State, that issued the per19 mit requires that such permit is issued only after an 

20 authorized government official has verified that the 

21 information available to such official does not indi22 cate that possession of a firearm by the unlicensed 

23 transferee would be in violation of Federal, State, or 

24 local law; 


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1 ‘‘(B) the transfer is made between an unli2 censed transferor and an unlicensed transferee resid3 ing in the same State, which takes place in such 

4 State, if— 

5 ‘‘(i) the Attorney General certifies that 

6 State in which the transfer takes place has in 

7 effect requirements under law that are generally 

8 equivalent to the requirements of this section; 

9 and 

10 ‘‘(ii) the transfer was conducted in compli11 ance with the laws of the State; 

12 ‘‘(C) the transfer is made between spouses, be13 tween parents or spouses of parents and their chil14 dren or spouses of their children, between siblings or 

15 spouses of siblings, or between grandparents or 

16 spouses of grandparents and their grandchildren or 

17 spouses of their grandchildren, or between aunts or 

18 uncles or their spouses and their nieces or nephews 

19 or their spouses, or between first cousins, if the 

20 transferor does not know or have reasonable cause 

21 to believe that the transferee is prohibited from re22 ceiving or possessing a firearm under Federal, State, 

23 or local law; or 


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1 ‘‘(D) the Attorney General has approved the 

2 transfer under section 5812 of the Internal Revenue 

3 Code of 1986. 

4 ‘‘(3)(A) Notwithstanding any other provision of this 

5 chapter, except for section 923(m), the Attorney General 

6 may implement this subsection with regulations. 

7 ‘‘(B) Regulations promulgated under this paragraph 

8 may not include any provision requiring licensees to facili9 tate transfers in accordance with paragraph (2)(A). 

10 ‘‘(C) Regulations promulgated under this paragraph 

11 may not include any provision requiring persons not li12 censed under this chapter to keep records of background 

13 checks or firearms transfers. 

14 ‘‘(D) Regulations promulgated under this paragraph 

15 may not include any provision placing a cap on the fee 

16 licensees may charge to facilitate transfers in accordance 

17 with paragraph (2)(A). 

18 ‘‘(4) For purposes of this subsection, the term ‘gun 

19 show or event’— 

20 ‘‘(A) means any event at which 75 or more fire21 arms are offered or exhibited for sale, exchange, or 

22 transfer, if 1 or more of the firearms has been 

23 shipped or transported in, or otherwise affects, inter24 state or foreign commerce; and 


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1 ‘‘(B) does not include an offer or exhibit of fire2 arms for sale, exchange, or transfer by an individual 

3 from the personal collection of that individual, at the 

4 private residence of that individual, if the individual 

5 is not required to be licensed under section 923.’’. 

6 (b) PROHIBITION OF NATIONAL GUN REGISTRY.— 

7 Section 923 of such title is amended by adding at the end 

8 the following: 

9 ‘‘(m) The Attorney General may not consolidate or 

10 centralize the records of the— 

11 ‘‘(1) acquisition or disposition of firearms, or 

12 any portion thereof, maintained by— 

13 ‘‘(A) a person with a valid, current license 

14 under this chapter; or 

15 ‘‘(B) an unlicensed transferor under sec16 tion 922(t); or 

17 ‘‘(2) possession or ownership of a firearm, 

18 maintained by any medical or health insurance enti19 ty.’’. 

20 (c) TECHNICAL AND CONFORMING AMENDMENTS.— 

21 (1) SECTION 922.—Section 922(y)(2) of title 

22 18, United States Code, is amended, in the matter 

23 preceding subparagraph (A), by striking ‘‘, 

24 (g)(5)(B), and (s)(3)(B)(v)(II)’’ and inserting ‘‘and 

25 (g)(5)(B)’’. 


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1 (2) CONSOLIDATED AND FURTHER CONTINUING

2 APPROPRIATIONS ACT, 2012.—Section 511 of title V 

3 of division B of the Consolidated and Further Con4 tinuing Appropriations Act, 2012 (18 U.S.C. 922 

5 note) is amended by striking ‘‘subsection 922(t)’’ 

6 each place it appears and inserting ‘‘subsection (s) 

7 or (t) of section 922’’. 

8 SEC. 203. PENALTIES. 

9 Section 924 of title 18, United States Code, is 

10 amended— 

11 (1) in subsection (a), by adding at the end the 

12 following: 

13 ‘‘(8) Whoever makes or attempts to make a transfer 

14 of a firearm in violation of section 922(t) to a person not 

15 licensed under this chapter who is prohibited from receiv16 ing a firearm under subsection (g) or (n) of section 922 

17 or State law, to a law enforcement officer, or to a person 

18 acting at the direction of, or with the approval of, a law 

19 enforcement officer authorized to investigate or prosecute 

20 violations of section 922(t), shall be fined under this title, 

21 imprisoned not more than 5 years, or both.’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(q) IMPROPER USE OF STORAGE OF RECORDS.— 

24 Any person who knowingly violates section 923(m) shall 


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1 be fined under this title, imprisoned not more than 15 

2 years, or both.’’. 

3 SEC. 204. RULE OF CONSTRUCTION. 

4 Nothing in this title, or an amendment made by this 

5 title, shall be construed— 

6 (1) to extend background check requirements to 

7 transfers other than those made at gun shows or on 

8 the curtilage thereof, or pursuant to an advertise9 ment, posting, display, or other listing on the Inter10 net or in a publication by the transferor of the in11 tent of the transferor to transfer, or the transferee 

12 of the intent of the transferee to acquire, the fire13 arm; or 

14 (2) to extend background check requirements to 

15 temporary transfers for purposes including lawful 

16 hunting or sporting or to temporary possession of a 

17 firearm for purposes of examination or evaluation by 

18 a prospective transferee. 

19 SEC. 205. EFFECTIVE DATE. 

20 This title and the amendments made by this title 

21 shall take effect 180 days after the date of enactment of 

22 this Act. 

Æ 


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